insight this evening into how the supreme court reached its decision to uphold president obama's health care law. it turns out the ruling almost went the other way. >> well, scott, it was a shift that no one would have expected, jeef justice john roberts, who was appointed by president george w. bush to lead this court in a more conservative direction, initially was poised to strike down the key part of the health care law, but then, he changed his mind and the outcome of this entire case. >> cbs news, and its legal correspondent jan crawford, breaking the story earlier this week that chief justice john roberts originally decided with conservatives about the obama care mandate. while writing the decision changed his mind and the rest, as they say, is history. jim, the question is, how did cbs get that info and was it news for coverage of the court going forward?

>> jan is a very good reporter and we assume that she got it from another justice. she had a lot of detail about anthony kennedy, you know, apparently spending a month trying to get roberts on this decision, it opens up a whole n new-- where to come from and information and including the courts now. >> it does seem strange, judy, the supreme court has been sort of a bastion of secrecy up until now. >> it has been and you could see up to the lead up of this decision, just about everybody, including jeffrey toobin, much respected got it wrong. and you can keep a secret or at least jim, could keep a secret until this reporter, this very enterprising and excellent jan crawford reporter, gave us some genuine news and insight into the court. >> jon: alan, i'm certain that

as the liberal, you are pleased with the ruling. >> you don't need me here. >> jon: what about the tactful the coverage to caused the chief judge to change his mind. >> on the line. it must have been he wanted to please the liberal media or please the white house or please the establishment. if he did change his mind at the last minute much like and justice kennedy did in the casy versus pennsylvania worship ruling a number of years ago, 1992, we don't know why he did it until he decides to speak up about it, we're not going to know, but the right wing media decided it must have been a nefarious reason. >> there were a bunch of articles warning of damage to the court if this became another 5-4 sddecision with roberts in the majority. >> certain people calculated base onned john roberts background and the constitution and image of the court that he could be persuaded and that's why you

have patrick leahy, senator from vermont making an unprecedented speech what the court ought to do. this was an interesting campaign. and the most interesting from paul rothstein professor of law and georgetown, and teacher. and went on the radio in washington, talking about everything influenced by roberts other than the constitution. he didn't want to see him being uncaring or unresponsive to health care. and he had good health care, he was in business for a while and to do with the constitution-- >> the media did little coverage of, for example, only the l.a. times covered the two justices, scalia and thomas were fetted at a conference all we hear is impugning roberts-- >> it's not impugning, it's observing as cal says, on

roberts come our way, come our way and howard kirsch summed it up. the media's man crush on roberts. and what about that, judy, because prior to the issuing of this ruling in much of the media, onroberts was a conservative patsy and then all of a sudden, he becomes a man of the hour when he votes to uphold obama care with the majority. >> and talk about flip-flop, i mean, this was the media almost on that, flipping on this man who had been satan incarnate just before the decision. i think that once again, the media are going to be disappointed because you can make an argument that chief justice roberts is actually doing this to preserve the kind of status and legitimacy of the court, that he remains extremely conservative and that many of the other decisions will continue to be conservative in a 5-4 court. >> if you go back in history though, let's start with brown versus board of education, 1954 and go back to the ruling

on prayer and bible reading, and even roe versus wade in the '70s, one of the most controversial. i don't recall the media campaigning for an outcome in any of those cases as they did in this one. >> why is it always the media's faults when it doesn't go conservative's way. >> it's not. >> and succumbs to the liberal media. >> you don't think he-- >> again kind of, kind of jump on people, look, the real issue is not what the media did in advance, it's afterwards. the carrot and stick. >> the justice rehnquist because he was a conservative. and earl warren and other supreme court justices, including bachmann on roe versus wade. they become giants in the media after they do the right thing and-- >> it's always the conservatives put upon by the evil liberal media. >> or exconservatives

rewarded. >> and the liberals are always rewarded and conservatives never get what they deserve. >> exactly. >> and let'ses talk about public awareness of all of this. the pew research center did a study and found that 55% of americans knew that the health care ruling had been largely upheld. they also found that 15% thought the court rejected most of the law and 30% didn't know anything about what had happened. is there a little bit of situation that needs to be done in the media? >> i think we need to worry about the education level of the american people, in general. including some of the media, but not all. and it was a confusing decision. there were two parts to it, one of which involved whether or not a commerce clause was going to be upheld and the other went against. >> a lot of material to cover. >> jon: up next, are the media doing what the president wants them to do?

>> mr. obama hits the road, looking to get reelected. as his campaign soups up on romney. and are they helping with attacks against the g.o.p. candidates. >> are you stupid? >> and new jersey governor chris christie lashes out against a member of the media. did the media lash back? you know what i love about this country? trick question. i love everything about this country! including prilosec otc. you know one pill each morning treats your frequent heartburn so you can enjoy all this great land of ours has to offer like demolition derbies. and drive thru weddings. so if you're one of those people who gets heartburn and then treats day after day, block the acid with prilosec otc and don't get heartburn in the first place. [ male announcer ] one pill each morning. 24 hours. zero heartburn. car insurance companies say they'll save yoby switching,

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>> take a look at the august cover of "vanity fair," inside an article titled, "where the money live" and this is how the piece is teased. quote for all mitt romney touting of his business record when it comes to his own money the republican nominee is remarkably shy about disclosing numbers and investment, nicholas for all murky world of off shore finance revealing loopholes that allow the very wealthy to skirt tax laws and investing just how much of romney's fortune, with 30 million in the cayman islands alone? looks pretty strange.... it uses adjectives like murky and questionable, but it concludes that he disclosed everything that he's required under the law.

once again, mr. romney just seems to have-- he's running for president and running for president forever and he has cayman island off shore bank accounts and swiss corporations, and everything that plays into the image of him as a man who's out of touch with the american people. >> absolutely correct. that's a brilliant analysis. and, no, no, but you're right. i mean, if you know what the line is going to be, if you know it's going to be class warfare and know they're going to beat up on you far more than john kerry who is also wealthy and sent the yacht down to other states to avoid taxes and mentioned it once, but didn't hammer away, if you don't get that you shouldn't be running for president. >> jon: the author, jim, is according to brightbart.com, is a hard, hard core leftist and cheerleader for the occupy movie and "vanity fair" didn't point it out. >> this fellow made a career out of off shore bank

accounts. obvious as we learn from st. bartz bank and we don't know what's going on in the international finance world. wake up one day and a website called zero hedge reported that total value derivatives in the world is 504 trillion. >> i'd like to point out bright bart.com, mitt romney's-- but it is these attacks on romney are coming faster than they can respond to, when the system has a chance to catch up. they went through "the washington post" abbingcations about the jobs and say it's wrong. and all we know-- and admittedly though, obama campaign has the initiative op making this. >> and as judith point the owed it's a matter of tone deafness if you're seeking the presidency and storing money off shore and avoiding taxes as much as you can. >> and this may be a reason

they're talking about shuffling the romney communications, especially rupert murdoch the chairman of this wonderful network and wall street journal. romney is adding to his campaign, he's not shuffling. >> an interesting lesson, rupert murdoch and wall street journal pounded on romney for agreeing with the obama administration that the mandate was not a tax. justice roberts said. and two days later the romney campaign went back to a better position and could be a useful tonic of critics helping romney find his own rhetoric. >> a tax when he did it in massachusetts part of the tax structure-- now, okay. i've got it. >> and that's a better explanation than the one that governor romney has given. >> and speaking of, i guess, honesty in advertising, the obama campaign is still running this ad saying that

while mitt romney was at bain capital, he was moving jobs out of the country and so on and so forth. and it wasn't, he wasn't there and wasn't doing that, are the media picking up on it. >> you know the line about, falsehood gets around the world, halfway around the world before it catches up. jim will know what the exact quote is. john, your line about honesty in advertising, you might as well talk about politics, they're contradictory. more news watch coming up, first, if you see something that you feel shows evidence of media bias, e-mail us at news watch@foxnews.com. up next, a celebrity marriage comes to the end. the media hype is just getting started. >> they make big news with their marriage and making bigger news with their breakup. but did the hollywood overstep speculation and should they back off? chris christie's still a favorite focus of the national media. is the coverage helping or

hurting this

e did i stay on topic, are you stupid is this on topic, on topic, next question. good, thank you, thank you all very much and i'm sorry for the idiots over there, take care. >> new jersey governor chris christie, known for his straight talk giving a member of the press a little bit of comeuppance there, and this got all kind of media coverage. >> and don rickles had a career on insults. i'm a fan of chris christie, and there's something in television called a q rating, how likeable you are and things like that. but judy, some people might

find it refreshing. >> in the beginning they find it refreshing and cute, after a while, it does not read well and i've noticed women noticed that chris christie tends to pull this bullying number when a woman is asking the question. i think it's going to hurt him politically. and so, why so much national interest? >> because you rarely. >> on night line, interview with jake tapper. >> you rarely see a politician, i haven't noticed a gender issue, if it is, it's bad, but it is refreshing to see, just people are idiots. >> it was a guy. >> and yourself, alan. >> it was a guy asking the question. >> it was a male reporter, but more often than not, it's female reporters. >> look, we criticize and critique the media a lot of the show and that's what it's about, but it's the only profession in the first amendment to enjoy constitutional protection. and even when they're irritating as they frequently are, more respect is called

for. i agree with jim and judy, it's cute for a while and then it comes off as arrogance and people do not like arrogance in a politician. let's talk a little about hollywood now. massive media attention surrounding a big hollywood breakup. who can forget this image. >> we've never seen you behave this way before. >> i know. >> have you ever felt this way before? >> yes, tom cruise jumping on oprah's couch talking about his new love, katie holmes, that was in 2005, now a scant five years and wedded bliss later, the fairy tale marriage is apparently kaput. and holmes secretly filed for divorce from cruise and the exact reasons are yet to be disclosed, but the media have dubbed tom's religion, scientology as the reason. why are we so fascinated with tom and katie? >> why not? they're both actors, they're celebrities. they're both playing this for what it's worth.

>> she handles this very, very well from a media standpoint, but it's going to get ugly because the charges do involve a religion, and they've already seen from rupert murdoch's tweets it's going to raise questions. >> can't we leave these poor people alone. here is what i think the church of scientology is concerned about is and should be, is the media coverage of a trial. and according to it, the church was heavy handed on katie holmes and or her children, and if it gets in court a lot of the inner workings of scientology could come out which are kind of bizarre. >> should the media call this a religion? is it really a religion? >> well, you know, you get in a lot of trouble in this siding one person's religion as a cult and so on, vice versa, i'm content to call it a religion, however, people

like jenna, the niece of the president of scientology are out in the media now, saying that katie holmes back-- >> and i do think that judy, the holmes' side is winning. it doesn't help that tom who is in iceland making a movie beau scientist gists, fairly even to because it will not want discovery process. >> do the media understand what scientology is and if they don't, how can they report on it? >> oh, please, and that's too complicated. and we don't have to do that, in fact, there have been almost no articles on scientology. >> the media hasn't to have something to report on. the only thing that the media fears more than religion is republicans. >> oh, but is there going to be more of these, i escaped scienti scientology? >> if it doesn't help the trial, how public she's going to be, if any of this was in the pre-nup, any agreement reached and we don't know what's in that documentation

and they were married in california, divorce is final in new york, different laws there and a lot of speculation to try to sell papers, don't you think or try to get viewers. >> no, wouldn't happen. >> the los angeles times said that if precedent plays any roll here at all, that scientology will not be a factor in determining how much access to his daughter tom cruise has. >> you know, they're going to sell a lot of magazines with those two on the cover. up next, herman cain launches our homes work for us. so let's make our dryers do the ironing. have our fridges cater our parties. and tell our ranges to whip up dinner. let's plug in to summer savings before they're gone... ...without wasting an ounce of energy with smart machines that turn housework into house play. more saving. more doing. that's the power of the home depot. right now, save $600 on this maytag french door refrigerator, just $1,598.

it's no secret this administration is actively trying to strip gun control laws here in the united states but they allow guns in the hands of drug smugglers that ends up killing americans, now the attorney general there is more to be in the future but he never proved it and did nothing about

it. that is pack of lies. >> former republican candidate herman cain wants his latest venture on the web this week. caintv described as the ignorance being thrust upon the nation by blatantly biased news outlets. it offerings real american programs, border control and something called street smarts. >> aabraham had two sons. they fighting over the lands in the gaza strip. they aren't fighting over arab economy or palestinian economy. they are not fighting over any of that. they are fighting over who safer. >> he claims to have something from all people and all ages and there is some humor, too. >> we got political correctness.

everybody wants to walk on egg shells. because of that, i am now an african-american. i don't know [ bleep ] about africa. >> jon: and ellen will be watching. >> i'm going to be dvring it every month. >> thanks to our panel. that to our panel. i'm jon scott. thanks for watching. we'll be back next week wit

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